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1.1. This document is an offer of the CYBOR HOLDING Company (hereinafter referred to as the Contractor) and contains all the essential terms of the contract for the provision of services for the development of IT products.
The Contractor publishes this agreement, which is a public offer agreement addressed to both individuals and legal entities (hereinafter referred to as the Customer).
1.2. If any person has accepted the terms of this agreement and paid for the order for the development of IT products (hereinafter referred to as the Product) in the manner prescribed by this agreement, such person is considered to have accepted this agreement (offer) and becomes the Customer.
1.3. Payment by the Customer of an order for the development of the Product in the manner and on the terms stipulated by the contract is a full and unconditional acceptance of this offer.
2.1. The Contractor undertakes to develop the Product in accordance with the Terms of Specification (hereinafter referred to as TOS) (documents TOS_description, TOS_interface, and TOS_algorithm). The term for the development of the Product is agreed by the parties by e-mail. The Customer undertakes to pay for and accept the developed Product ordered on the site www.cyborhoding.com (hereinafter referred to as the Site) in accordance with the TOS.
2.2. The Contractor has the right to involve any persons at its discretion in order to provide services.
3.1. The text of this Agreement is a public offer (in accordance with Turkish law). The Agreement defines the features of the sale and purchase of the developments of the CYBOR HOLDING Product. This offer applies to a Product developed to order in accordance with the Customer's TOS. The validity of this offer is set from January 1, 2022, to January 1, 2023.
3.2. The fact of placing an order for the development of the Product with the Contractor, both independently and through the operator, is the unconditional acceptance of this Agreement, and the Customer is considered as a person who has entered into a contractual relationship with the Contractor. At the same time, the Customer guarantees that he has read, agrees, fully, and unconditionally accepts all the conditions that are set forth in the text of this Offer Agreement.
3.3. The offer agreement does not require signing and sealing by the Customer and the Contractor (hereinafter referred to as the Parties) while maintaining legal force.
3.4. Ordering the development of the Product and calculation is carried out by ordering by the Customer in CYBOR HOLDING.
3.5. The Agreement is considered concluded from the moment of payment or prepayment (negotiated by the Parties) by the Customer of the cost of developing the Product.
3.6. Payment for the cost of developing the Product is carried out in a non-cash manner using the Internet acquiring services available on the Site, by filling out the appropriate form by the Customer and confirming the payment. Payment under the Agreement can be made by transferring funds by the Customer to the account of the Contractor, specified in the list of possible options for payment methods.
3.7. Payment is considered made from the moment the Customer confirms the operation to transfer the amount constituting the cost of developing the Product to the Contractor in the manner provided for in clause 3.3 of agreement hereof.
3.8. The cost of developing the Product is agreed with the Customer via electronic means of communication (e-mail, WhatsApp, or Telegram messengers) after the approval of the TOS.
3.9. The Agreement is posted on the Contractor's Website.
3.10. The Contractor has the right to make changes to the terms of the Agreement at any time. Changes to the terms of the Agreement take effect from the moment they are published on the Site.
4.1. This Agreement comes into force from the moment of contacting the Contractor and placing an Order with CYBOR HOLDING, and ends with the full fulfillment of obligations by the Parties.
5.1. Relations in the field of consumer protection are governed by Turkish law.
5.1.2. You confirm that you are a person over 18 years of age, or a minor, released from parental care, or have legally valid consent from parents and guardians, and are fully legal and competent person capable of taking responsibility for the terms, conditions, obligations, statements, representations and warranties set forth in this Agreement, and is able to fulfill and enforce the terms of this Agreement.
5.2. Any ambiguity or insufficiency of interpretations of the provisions and instructions of this Agreement should be taken solely in favor and interests of the Contractor.
5.3. Delivery of the developed Product to the Customer is carried out using e-mail or instant messengers WhatsApp and Telegram. All actions are carried out subject to 100% payment for the developed Product. The Contractor undertakes to send to the Customer the Product developed according to the TOS within 48 hours from the moment of 100% payment (in case of staged payment), otherwise, the Contractor is obliged to transfer the developed Product to the Customer according to the period specified in clause 9.1.1.
5.4. The withdrawal of the offer can be carried out by the Contractor at any time, which is not a basis for a waiver of obligations under the already concluded Agreement.
6.1. Any transactions in the global financial markets carry a high level of risk.
6.2 The Contractor is not responsible for incorrect or erroneous use of the Product, as well as for direct or indirect losses incurred in connection with its use.
6.3. The Contractor is not responsible and does not reimburse the Customer for losses caused by violations and/or errors in the operation of the Product, resulting from illegal actions of the Customer or third parties, as well as malfunctions of technical means and electrical equipment failures.
6.4. The product and its accompanying documentation are provided to the Customer "as it is", in accordance with the principle generally accepted in international practice. This means that for problems that arise during the installation and operation of the Product (including problems of compatibility with other software products (packages, drivers, etc.), problems arising from the ambiguous interpretation of the accompanying documentation, the discrepancy between the results of using the Product with expectations of the Customer, etc.), the Contractor is not responsible. The Customer must understand that he is fully responsible for possible negative consequences caused by incompatibility or conflicts of the Product with other software products installed on the Customer's computer.
6.5. The Customer is responsible for all activities and risks associated with the use of the Product.
6.6. The Customer bears all risks of losses that he may incur as a result of illegal or unauthorized access of third parties to the Product.
6.7. The Contractor shall not be liable for non-fulfillment or improper fulfillment of obligations under this Agreement related to the work or inability of the Customer to work through the Product, disruption of the normal functioning of software and hardware due to: equipment malfunctions and failures; failures and errors of the Product; failures, malfunctions, and failures of communication systems, power supply, and other similar systems.
6.8. The Contractor shall not be liable for any damages (including all, without exception, cases of incurred or expected expenses, loss of profits, business interruption, loss of business information, lost profits or other monetary losses) associated with the use or inability to use the Product.
6.9. The Contractor is not responsible for losses incurred by the Customer due to unauthorized use of the Product by unauthorized persons. The Customer is fully responsible for the security of their Data.
Return and exchange of information, digital products, as well as software, are not made.
8.1. The Parties are responsible for the non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the current legislation of Turkey.
8.2. The Contractor is not responsible for the delivery of the Order if the Customer specified an incorrect delivery address.
8.3. The Contractor is not responsible if the Seller's expectations about the consumer properties of the Product were not justified.
8.4. The Contractor shall not be liable for partial or complete non-fulfillment of obligations for the delivery of the developed Product if they are the result of force majeure circumstances.
8.5. When placing an Order, the Customer is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agreed with the terms of this Agreement.
8.6. The Contractor undertakes to return the advance payment or agree on new development terms with the Customer in case of impossibility to execute the Agreement within the agreed period.
8.7. All disputes and disagreements arising from the failure of the Parties to fulfill their obligations under this Agreement shall be resolved through negotiations.
9.1. The Contractor undertakes:
9.1.1. Develop the Product in accordance with the TOS (documents TS_description, TS_interface, and TS_algorithm). The development time directly depends on the complexity of the TOS, therefore it is agreed with the Customer individually by e-mail or WhatsApp and Telegram messengers.
9.1.2. Inform the Customer about the development progress upon his request.
9.1.3. Transfer the Product for testing to the Customer (the maximum testing period is two months).
9.1.4. Fix bugs during the testing period following the Customer's acceptance of the Product and provide the Customer with the corrected version no later than 15 business days after receipt of a valid error report from the Customer. The error message should contain a description of the actions that lead to this error (instructions for reproducing the error), the paragraph of the TOS with which it contradicts and an explanation of why (if the error is associated with any calculations, then give the correct calculations for this specific case) complete program logs, screenshots.
9.1.5. Correct bugs at the end of the testing period during the year on an hourly basis.
9.1.6. Do not disclose any private information of the Customer and do not provide access to this information to third parties, except as provided by Turkish law.
9.1.7. Provide the Customer with the opportunity to receive free consultations on the types of communication indicated on the Site (limited to specific issues related to the execution of the order).
9.1.8. The Contractor reserves the right to change this Agreement unilaterally until the moment of its conclusion.
9.2. The customer undertakes:
9.2.1. Timely explain and agree on places or changes in the TOS that are incomprehensible to the Contractor.
9.2.2. Pay for the work of the Contractor in the amount agreed by e-mail after the approval of the statement of work.
9.2.3. Make an advance payment of 50% of the cost before the start of work after agreeing on the TOS. Pay the remaining 50% when the Product is ready, after which the Product is transferred to the Customer.
9.2.4. Accept the work of the Contractor within 5 working days after the provision of the finished product in the absence of reasonable discrepancies with the TOR and the terms of the Agreement. Agree on a revision plan in case of discrepancies.
9.2.5. Before the conclusion of the Agreement, get acquainted with the content of the Offer Agreement, the terms of payment, and delivery on the Contractor's Website.
9.2.6. Provide reliable information about yourself (full name, contact numbers, e-mail address) and details for the delivery of the developed Product.
9.2.7. Do not disclose confidential information and other data provided by the Contractor in connection with the execution of this Offer Agreement.
9.2.8. Independently and at its own expense create the necessary technical conditions for the functioning of the purchased Product.
9.2.9. The Customer is obliged, within 30 calendar days, to test the received Product to identify inconsistencies between the operation of the Product and the work described in the agreed TOS. After the expiration of the testing period, the correction work is paid following clause 9.1.5. actual agreement.
10.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities, or other circumstances beyond the control of the Parties.
10.2. If any of these circumstances directly led to the failure to fulfill obligations within the terms established by the Agreement, then these terms are extended in proportion to the duration of the relevant circumstances.
10.3. If these circumstances last more than 1 (one) calendar month, then each of the Parties will have the right to take the initiative to terminate the Agreement due to the impossibility of its execution. If the Parties decide to terminate the Agreement on the above grounds, none of the Parties will be entitled to compensation for possible losses.
10.4. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 10 (ten) working days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.
10.5. Failure to notify or untimely notification of the occurrence of force majeure deprives the Party of the right to refer to any of the above circumstances as a basis for exemption from liability for failure to fulfill obligations.
10.6. The Parties acknowledge that the insolvency of the Parties is not a force majeure event.
All intellectual rights of the Copyright Holder are protected by Turkish law.
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